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South Dakota Laws > Title 34A > Chapter 13 - Petroleum Inspection And Release Compensation

South Dakota Laws > Title 34A > Chapter 13 - Petroleum Inspection And Release Compensation


Current as of: 2010
§ 34A-13-1Definition of terms
§ 34A-13-2Order to take corrective action--Notice--Conflicting orders
§ 34A-13-3Legal action to compel performance of corrective action
§ 34A-13-4Immediate corrective action by department
§ 34A-13-5Joint adoption of response procedure
§ 34A-13-6Notice of release to department--Investigations by director
§ 34A-13-7Furnishing of information to director--Denial of benefits based on failure to furnish information
§ 34A-13-8Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents
§ 34A-13-8.1Reimbursement by fund for corrective action costs--Limitation--Costs for releases
§ 34A-13-8.2Percentage of deductible waived for certain releases
§ 34A-13-8.3Limitation on reimbursement for release sites
§ 34A-13-8.4Defense costs of certain third-party claims
§ 34A-13-8.5Reimbursement to covered party
§ 34A-13-9Cost of corrective action--Amount of reimbursement--Exceptions
§ 34A-13-9.1Reimbursement contingent on use of tank
§ 34A-13-9.2Subrogation of fund--Right to recover
§ 34A-13-10Avoidance of liability by conveyance or agreement prohibited--Exceptions
§ 34A-13-11Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds
§ 34A-13-12Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required
§ 34A-13-12.1Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required
§ 34A-13-13Duty to notify department and take action not limited--Application of provisions to reimbursement for corrective actions--Proration when funds insufficient
§ 34A-13-14Petroleum Release Compensation Board--Appointment of members--Terms
§ 34A-13-15Employment of staff--Costs and appropriations--Delegation of authority
§ 34A-13-16Adoption of rules and procedures
§ 34A-13-16.1Training and testing of persons who perform services to be reimbursed
§ 34A-13-17Attachment of fund to Department of Revenue and Regulation--Reimbursement of costs
§ 34A-13-18Deposit and crediting of revenue
§ 34A-13-20Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue
§ 34A-13-21Agreements with secretary for services to collect fee--Exchange of information
§ 34A-13-22Payment of fee on monthly basis--Rules
§ 34A-13-23Audits of persons subject to fee
§ 34A-13-24Failure to pay fee as misdemeanor--Subsequent violation as felony
§ 34A-13-25Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements
§ 34A-13-26Administration of provisions
§ 34A-13-27Spending of fund
§ 34A-13-31Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements--Reduction for ineligible claims
§ 34A-13-32Continuous appropriation to board for making reimbursements and other purposes--Submission of administrative budget for approval
§ 34A-13-33Liability of covered party not limited by reimbursement
§ 34A-13-34Reimbursement paid to third party who performed cleanup not subject to attachment--Board and fund not subject to legal process, attachment
§ 34A-13-37Cooperation in actions necessary to obtain federal funding
§ 34A-13-39Short title
§ 34A-13-40Limits of reimbursement for corrective action and third party claims
§ 34A-13-41Reimbursement to licensed petroleum marketers and other tank owners
§ 34A-13-42Rules for amount, terms and period of third-party reimbursement
§ 34A-13-44Administration and defense of third-party claims
§ 34A-13-44.1Third-party damages--Benefits intended in or on behalf of covered party
§ 34A-13-45Damage prior to April 1, 1990
§ 34A-13-46Tanks at abandoned sites
§ 34A-13-47Time limit for third-party claim
§ 34A-13-48Private insurance as risktaker--Annual report identifying potential companies
§ 34A-13-49Abandoned underground tank removal program created--Eligibility for coverage
§ 34A-13-50Scope of program
§ 34A-13-52Department responsible for tank removal and corrective actions under program--Director to make payments from fund
§ 34A-13-53Promulgation of rules
§ 34A-13-54Director to suspend payments except at high-risk sites when fund balance is two million dollars or less

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South Dakota Laws: Water Pollution

South Dakota Laws > Title 34A > Chapter 2 - Water Pollution Control
South Dakota Laws > Title 34A > Chapter 03A - Safe Drinking Water
South Dakota Laws > Title 34A > Chapter 13 - Petroleum Inspection And Release Compensation
South Dakota Laws > Title 34A > Chapter 14 - Petroleum Environmental Compliance Authority

U.S. Code Provisions: Water Pollution

U.S. Code Title 43 > Chapter 36 > Subchapter I - Offshore Oil Spill Pollution Fund
U.S. Code Title 33 > Chapter 9 > Subchapter VI - Water Pollution Control
U.S. Code > Title 33 > Chapter 26 - Water Pollution Prevention And Control
U.S. Code > Title 33 > Chapter 27 - Ocean Dumping
U.S. Code > Title 33 > Chapter 28 - Pollution Casualties On The High Seas: United States Intervention
U.S. Code > Title 33 > Chapter 33 - Prevention Of Pollution From Ships
U.S. Code > Title 33 > Chapter 33A - Marine Debris Research, Prevention, And Reduction
U.S. Code > Title 33 > Chapter 39 - Shore Protection From Municipal Or Commercial Waste
U.S. Code > Title 33 > Chapter 40 - Oil Pollution
U.S. Code > Title 33 > Chapter 41 - National Coastal Monitoring

Federal Regulations: Water Pollution

U.S. Code Title 43 > Chapter 36 > Subchapter I - Offshore Oil Spill Pollution Fund
U.S. Code Title 33 > Chapter 9 > Subchapter VI - Water Pollution Control
U.S. Code > Title 33 > Chapter 26 - Water Pollution Prevention And Control
U.S. Code > Title 33 > Chapter 27 - Ocean Dumping
U.S. Code > Title 33 > Chapter 28 - Pollution Casualties On The High Seas: United States Intervention
U.S. Code > Title 33 > Chapter 33 - Prevention Of Pollution From Ships
U.S. Code > Title 33 > Chapter 33A - Marine Debris Research, Prevention, And Reduction
U.S. Code > Title 33 > Chapter 39 - Shore Protection From Municipal Or Commercial Waste
U.S. Code > Title 33 > Chapter 40 - Oil Pollution
U.S. Code > Title 33 > Chapter 41 - National Coastal Monitoring

Related Articles: Water Pollution

 Regulating Water Pollution in the U.S.
 Highlights of the Safe Drinking Water Act
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